Legal Opinion

Capone v. Schaible

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 1995PublishedCited by 4 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated October 4, 1993, which granted the defendants’ motions for summary judgment dismissing the complaint and denied, as academic, the plaintiff’s cross motion to consolidate this action with a separate action which the plaintiff brought against the third-party defendants.

Ordered that the order is affirmed, with one bill of costs.

In response to the defendants’ assertions that they did not have notice of the condition which allegedly caused the…

2Cases cited3 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Paolucci v. First National Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Stoerzinger v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by4 opinions

  1. Henry v. Long Island Savings Bank, FSBAppellate Division of the Supreme Court of the State of New York · 2000
  2. Mingone v. Ardsley Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
  3. Pressley v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  4. Morrissey v. TorinoAppellate Division of the Supreme Court of the State of New York · 2003

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